How can an EB-5 applicant prove non-immigrant intent to obtain a B-2 visa from a consular officer?

I have applied for an EB-5 visa and the I-526 was filed two months ago. While I wait for adjudication, I would like to vacation for a few weeks in the U.S. this spring.
What is the most effective way to prove non-immigrant intent to a consular officer? Also, are there any documents I should compile to show binding ties to my home country?

Answers

It will come down to the proper documentation. An I-526 by itself should not give rise to immigrant intent but you may very well get some additional questions. Working with an immigration attorney will help you be prepared for all questions and documentary requirements.

You should tell a consular officer you intend to process upon approval of your I-526 form. You should indicate this intention on the I-526 and gather as much evidence of your home country ties for the B visa interview as possible, such as a clear itinerary of what you plan to do in the U.S. for a temporary trip, evidence of a job or business in your home country, property ownership, other family members, etc.

The process of getting an EB-5 visa is at least two years. As an EB-5 investor, you can show your high net worth and merely let the consular officer know you plan to return home. Have a very specific and clear itinerary for the officer to review.
As for showing good ties to your home country, that is simple. During the two-year waiting period, you should continue to live your regular, comfortable life. For example, do not quit your job during this time.

It would be helpful to show the consular officer proof of your long-standing job in your home country, the property you have there, or an upcoming event you will not miss (e.g. a wedding). You should also remind the officer you requested consular processing on the I-526.

It is technically possible to apply for a B-1/B-2 multiple entry visitor visas even after you have filed an EB-5 Investor Petition on Form I-526. To start, you will need to fully disclose that the petition was filed. You must also indicate, while you have a long-term intent to obtain Permanent Residency, you still have strong ties to your home country and have a short-term interest in taking a vacation in the U.S.

The best way to prove non-immigrant intent is to be very upfront with the consular officer about the fact that you are aware of the long processing times for I-526 petitions and that you have no intention of jeopardizing your future EB-5 visa petition by overclocking your tourist time. It is helpful to show proof of employment and other documentation still tying you to the home country.

As long as your present intent is well supported (i.e. temporary visitor), you should be fine to apply for a B-2 for a vacation while you wait for your EB-5 Petition. You should provide home country ties in the form of proof of employment, home ownership, family, etc.

You can simply show the purpose of the trip and your intent to return to your foreign residence to a consular officer.

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